교통사고처리특례법위반등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a driver of a b sprink sprink.
At around 23:10 on March 18, 2013, the Defendant: (a) found the victim C (50 years of age) and the victim D (50 years of age) located near the center line of the vehicle under the influence of alcohol, and tried to avoid it later; (b) failed to avoid it, and followed the victim C (50 years of age) and the victim D (50 years of age) by failing to avoid it, leading the victim C to suffer death on March 19, 2013, where the victim C had the victim C, who had been placed in the vicinity of the center line of the vehicle under the influence of alcohol, and caused the victim C to suffer death on March 19, 2013, by failing to avoid it, having the victim C undergo a tension of 470-1 “highly autonomous restaurant” from the bank of “heroged power plant” at a speed of 30 to 40-40 kilometers.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to written autopsy, written diagnosis, and written report of the master driver;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act (the point of a sound driving) concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);
1. In this case, the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant was not able to properly exercise his/her influence while under the influence of alcohol.